1.1                          A bill for an act 
  1.2             relating to metropolitan airports; limiting 
  1.3             metropolitan council zoning approval authority; 
  1.4             prohibiting construction by metropolitan airports 
  1.5             commission of new major airport; requiring inclusion 
  1.6             of noise mitigation plan in capital improvement plan; 
  1.7             requiring metropolitan airports commission to report 
  1.8             on development of existing airport; requiring 
  1.9             legislative approval of proposed development; 
  1.10            requiring soundproofing of buildings in 1996 65 Ldn 
  1.11            contour; requiring design and construction of 
  1.12            limited-access transitway along trunk highway No. 55; 
  1.13            authorizing regional railroad authority to transfer 
  1.14            funds for transitway; authorizing metropolitan council 
  1.15            to purchase met center; appropriating money; amending 
  1.16            Minnesota Statutes 1994, sections 473.155, by adding a 
  1.17            subdivision; 473.608, subdivisions 2, 6 and 16; 
  1.18            473.614, subdivision 1; 473.616, subdivision 1; 
  1.19            473.618; 473.638, subdivision 1; and 473.661, 
  1.20            subdivision 4; Laws 1989, chapter 279, section 7, 
  1.21            subdivisions 2 and 6; repealing Minnesota Statutes 
  1.22            1994, sections 473.155, subdivisions 2, 3, and 4; 
  1.23            473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; 
  1.24            and 473.637. 
  1.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.26     Section 1.  Minnesota Statutes 1994, section 473.155, is 
  1.27  amended by adding a subdivision to read: 
  1.28     Subd. 5.  [ZONING OF REAL PROPERTY.] The council shall not 
  1.29  require a local government unit to continue a current use or to 
  1.30  adopt a comprehensive plan designation or any change in zoning, 
  1.31  zoning variance, or conditional use in order to ensure or 
  1.32  preserve the availability of land for a new major airport. 
  1.33     Sec. 2.  Minnesota Statutes 1994, section 473.608, 
  1.34  subdivision 2, is amended to read: 
  1.35     Subd. 2.  It may acquire by lease, purchase, gift, devise, 
  2.1   or condemnation proceedings all necessary right, title, and 
  2.2   interest in and to lands and personal property required for 
  2.3   airports and all other real or personal property required for 
  2.4   the purposes contemplated by sections 473.601 to 473.679, within 
  2.5   the metropolitan area, pay therefor out of funds obtained as 
  2.6   hereinafter provided, and hold and dispose of the same, subject 
  2.7   to the limitations and conditions herein prescribed except that 
  2.8   the corporation may not acquire by any means lands or personal 
  2.9   property for a major new airport.  Title to any such property 
  2.10  acquired by condemnation or purchase shall be in fee simple, 
  2.11  absolute, unqualified in any way, but any such real or personal 
  2.12  property or interest therein otherwise acquired may be so 
  2.13  acquired or accepted subject to any condition which may be 
  2.14  imposed thereon by the grantor or donor and agreed to by the 
  2.15  corporation, not inconsistent with the proper use of the 
  2.16  property by the corporation for the purposes herein provided.  
  2.17  Any properties, real or personal, acquired, owned, leased, 
  2.18  controlled, used, and occupied by the corporation for any of the 
  2.19  purposes of sections 473.601 to 473.679, are declared to be 
  2.20  acquired, owned, leased, controlled, used, and occupied for 
  2.21  public, governmental, and municipal purposes, and shall be 
  2.22  exempt from taxation by the state or any of its political 
  2.23  subdivisions.  Nothing contained in sections 473.601 to 473.679, 
  2.24  shall be construed as exempting properties, real or personal, 
  2.25  leased from the metropolitan airports commission to a tenant or 
  2.26  lessee who is a private person, association, or corporation from 
  2.27  assessments or taxes. 
  2.28     Sec. 3.  Minnesota Statutes 1994, section 473.608, 
  2.29  subdivision 6, is amended to read: 
  2.30     Subd. 6.  (a) It may construct and equip new airports, with 
  2.31  all powers of acquisition set out in subdivision 2, pay therefor 
  2.32  out of the funds obtained as hereinafter provided, and hold, 
  2.33  maintain, operate, regulate, police, and dispose of them or any 
  2.34  of them as hereinafter provided.  It may not construct or equip 
  2.35  a major new airport to replace the existing Minneapolis-St. Paul 
  2.36  International Airport nor may it acquire any interest in land; 
  3.1   borrow, receive, or pay money; enter into contracts; or exercise 
  3.2   any other power for the purpose of future construction of a 
  3.3   major new airport. 
  3.4      (b) It may not construct a new north-south runway at the 
  3.5   Minneapolis-St. Paul International Airport until such time as 
  3.6   all aircraft operating at the airport are Stage III aircraft. 
  3.7      Sec. 4.  Minnesota Statutes 1994, section 473.608, 
  3.8   subdivision 16, is amended to read: 
  3.9      Subd. 16.  It may generally carry on the business of 
  3.10  acquiring, establishing, developing, extending, maintaining, 
  3.11  operating, and managing airports, with all powers incident 
  3.12  thereto except it is expressly prohibited from exercising these 
  3.13  powers for the purpose of future construction of a major new 
  3.14  airport. 
  3.15     Sec. 5.  Minnesota Statutes 1994, section 473.614, 
  3.16  subdivision 1, is amended to read: 
  3.17     Subdivision 1.  [CAPITAL PLAN; ENVIRONMENTAL ASSESSMENTS.] 
  3.18  The commission shall prepare an assessment of the environmental 
  3.19  effects of projects in the commission's seven-year capital 
  3.20  improvement program and plan at each airport owned and operated 
  3.21  by the commission.  The assessment must examine the cumulative 
  3.22  environmental effects at each airport of the projects at that 
  3.23  airport, considered collectively.  The commission need not 
  3.24  prepare an assessment for an airport when the capital 
  3.25  improvement program and plan for that airport has not changed 
  3.26  from the one adopted the previous year or when the changes in 
  3.27  the program and plan will have only trivial environmental 
  3.28  effects.  Each capital improvement plan prepared by the 
  3.29  commission must include a plan and schedule for noise mitigation 
  3.30  measures at Minneapolis-St. Paul International Airport and in 
  3.31  the neighboring communities until such time as all aircraft 
  3.32  using Minneapolis-St. Paul International Airport are Stage III 
  3.33  and all residences, schools, and other public buildings located 
  3.34  within the 1996 65 Ldn contour are soundproofed. 
  3.35     Sec. 6.  Minnesota Statutes 1994, section 473.616, 
  3.36  subdivision 1, is amended to read: 
  4.1      Subdivision 1.  [WOLD-CHAMBERLAIN PLAN.] (a) By January 1, 
  4.2   1992, the commission shall adopt a long-term comprehensive plan 
  4.3   for the international airport at its existing location.  The 
  4.4   plan must describe: 
  4.5      (1) aviation demand and air transportation needs; 
  4.6      (2) airport capacity limits and potential; 
  4.7      (3) facilities requirements; 
  4.8      (4) a plan for physical development, including financial 
  4.9   estimates and a tentative development schedule; 
  4.10     (5) airport operational characteristics; 
  4.11     (6) compatibility with metropolitan and local physical 
  4.12  facility systems; 
  4.13     (7) environmental effects; 
  4.14     (8) safety; and 
  4.15     (9) the effect on the neighboring communities. 
  4.16  The plan must satisfy the air transportation needs for a 
  4.17  prospective 20-year period.  At the same time, the commission 
  4.18  shall adopt a concept plan for the airport, including an 
  4.19  estimate of facilities requirements, to satisfy the air 
  4.20  transportation needs for an additional ten-year period.  The 
  4.21  plans must be consistent with the development guide of the 
  4.22  council.  The plans must be updated at least every five years.  
  4.23  The plans must be amended as necessary to reflect changes in 
  4.24  trends and conditions, facilities requirements, and development 
  4.25  plans and schedules.  The plans are subject to sections 473.165 
  4.26  and 473.611.  
  4.27     (b) Until January 1, 1996, or until the commission has 
  4.28  completed the activities required by subdivision 3 and section 
  4.29  473.618, whichever occurs first, the commission may construct a 
  4.30  new runway or a new, substantially expanded, or relocated 
  4.31  terminal facility if the commission determines that construction 
  4.32  of the runway or facility is necessary and prudent, considering 
  4.33  the economic, financial, environmental, and other costs and 
  4.34  benefits of the new runway or facility, the current and 
  4.35  long-term future need for major airport facilities, capacity 
  4.36  constraints, and the time required to construct airport 
  5.1   facilities.  The commission shall make its determination by 
  5.2   resolution, containing findings of fact and conclusions.  Before 
  5.3   making its determination, the commission shall hold a public 
  5.4   hearing on the question.  The hearing may be held separately or 
  5.5   in conjunction with any other hearing required on the project, 
  5.6   as the commission deems appropriate.  The commission may plan, 
  5.7   prepare designs and specifications, and conduct an environmental 
  5.8   review of a facility before the public hearing. 
  5.9      Sec. 7.  Minnesota Statutes 1994, section 473.618, is 
  5.10  amended to read: 
  5.11     473.618 [AIRPORT PLANNING AND DEVELOPMENT REPORT.] 
  5.12     Subdivision 1.  [REPORT.] Within 180 days after the 
  5.13  completion of the actions required by section 473.616, 
  5.14  subdivision 3 By October 15, 1996, the metropolitan council and 
  5.15  the airports commission shall report to the legislature on the 
  5.16  long-range planning and development of major airport facilities 
  5.17  in the metropolitan area at Minneapolis-St. Paul International 
  5.18  Airport.  The report must include the recommendations of the 
  5.19  agencies on major airport development in the metropolitan area 
  5.20  of facilities at Minneapolis-St. Paul International Airport for 
  5.21  a prospective 30-year 25-year period and on acquiring a site for 
  5.22  a major new airport.  The report must include an analysis of the 
  5.23  effect of a new airport on present and proposed facilities at 
  5.24  the existing airport and on the local, regional, and state 
  5.25  economies.  The report must contain the recommendations of the 
  5.26  agencies on financial planning and financing for a major new 
  5.27  improvements at Minneapolis-St. Paul International Airport, 
  5.28  including:  cost; cost allocation; amortization of major 
  5.29  improvements at the existing airport before a transfer of 
  5.30  operations; financing methods and sources of public and private 
  5.31  funds; lease agreements and user charges at a new airport; and a 
  5.32  method of capturing for public uses a portion of the revenue 
  5.33  from development around a new Minneapolis-St. Paul International 
  5.34  Airport.  The report must include recommendations relating to 
  5.35  the construction of a new north-south runway, only after all 
  5.36  aircraft taking off or landing at Minneapolis-St. Paul 
  6.1   International Airport are Stage III aircraft.  The report must 
  6.2   not contain a recommendation to construct a major new airport. 
  6.3      Subd. 2.  [LEGISLATIVE APPROVAL.] No action shall be taken 
  6.4   by the metropolitan council or the airports commission to 
  6.5   implement the recommendations contained in the airport planning 
  6.6   and development report until the legislature has approved the 
  6.7   report, except the airports commission may exercise any existing 
  6.8   power to preserve the availability of land for new runways and 
  6.9   safety zones recommended in the report. 
  6.10     Sec. 8.  Minnesota Statutes 1994, section 473.638, 
  6.11  subdivision 1, is amended to read: 
  6.12     Subdivision 1.  [EMINENT DOMAIN.] If either the provisions 
  6.13  or the application of section 473.636, subdivision 2, or any 
  6.14  land use and development control measure applicable to public or 
  6.15  private property in an airport development area is determined by 
  6.16  a court of competent jurisdiction to constitute a taking, the 
  6.17  metropolitan airports commission in the exercise of its power to 
  6.18  acquire lands for the airport has the power to acquire the 
  6.19  property or any similar property, or an interest in it, to the 
  6.20  extent needed for the application of the measure, by eminent 
  6.21  domain exercised in accordance with chapter 117.  The right of 
  6.22  eminent domain must be exercised if the commission has or will 
  6.23  have funds to pay the condemnation award and the council 
  6.24  determines that it is necessary to protect the airport from 
  6.25  encroachment or hazards, to protect residents in the area, to 
  6.26  encourage the most appropriate use of property in the airport 
  6.27  development area, or to protect and conserve the natural 
  6.28  resources of the metropolitan area.  
  6.29     Sec. 9.  Minnesota Statutes 1994, section 473.661, 
  6.30  subdivision 4, is amended to read: 
  6.31     Subd. 4.  [NOISE MITIGATION.] (a) According to the schedule 
  6.32  in paragraph (b), commission funds must be dedicated (1) to 
  6.33  supplement the implementation of corrective land use management 
  6.34  measures approved by the Federal Aviation Administration as part 
  6.35  of the commission's Federal Aviation Regulations, part 150 noise 
  6.36  compatibility program, and (2) for soundproofing and 
  7.1   accompanying air conditioning of residences, schools, and other 
  7.2   public buildings when there is a demonstrated need because of 
  7.3   aircraft noise, regardless of the location of the building to be 
  7.4   soundproofed, or any combination of the three located within the 
  7.5   1996 65 Ldn contour. 
  7.6      (b) The noise mitigation program described in paragraph (a) 
  7.7   shall be funded by the commission from whatever source of funds 
  7.8   according to the following schedule: 
  7.9      In 1993, an amount equal to 20 percent of the passenger 
  7.10  facilities charges revenue amount budgeted by the commission for 
  7.11  1993; 
  7.12     In 1994, an amount equal to 20 percent of the passenger 
  7.13  facilities charges revenue amount budgeted by the commission for 
  7.14  1994; 
  7.15     In 1995, an amount equal to 35 percent of the passenger 
  7.16  facilities charges revenue amount budgeted by the commission for 
  7.17  1995; and 
  7.18     In 1996, an amount equal to 40 percent of the passenger 
  7.19  facilities charges revenue amount budgeted by the commission for 
  7.20  1996. 
  7.21     (c) The soundproofing and accompanying air conditioning of 
  7.22  all residences, schools, and other public buildings located 
  7.23  within the 1996 65 Ldn contour must be completed by December 31, 
  7.24  2000, regardless of any federal action which requires the 
  7.25  establishment of a new 65 Ldn contour. 
  7.26     (d) The commission's capital improvement projects, program, 
  7.27  and plan must reflect the requirements of this section.  As part 
  7.28  of the commission's report to the legislature under section 
  7.29  473.621, subdivision 1a, the commission must provide a 
  7.30  description and the status of each noise mitigation project 
  7.31  implemented under this section. 
  7.32     (d) (e) Within 60 days of submitting the commission's and 
  7.33  the metropolitan council's report and recommendations on major 
  7.34  airport planning to the legislature as required by section 
  7.35  473.618, the commission, with the assistance of its sound 
  7.36  abatement advisory committee, shall make a recommendation to the 
  8.1   legislature regarding appropriate funding levels for noise 
  8.2   mitigation at Minneapolis-St. Paul International Airport and in 
  8.3   the neighboring communities. 
  8.4      Sec. 10.  Laws 1989, chapter 279, section 7, subdivision 2, 
  8.5   is amended to read: 
  8.6      Subd. 2.  [AUTHORITY; DUTIES.] (a) The advisory council 
  8.7   shall review and comment to the legislature on the scope of work 
  8.8   report required by section 5, subdivision 2. 
  8.9      (b) The advisory council shall review and comment to the 
  8.10  legislature on the reports to the legislature required by 
  8.11  section 1, subdivision 4; section 3, subdivision 4; and section 
  8.12  4 Minnesota Statutes, section 473.618. 
  8.13     (c) The advisory council may conduct public meetings on the 
  8.14  reports to inform the public and solicit opinion. 
  8.15     (d) The advisory council may request interim briefings on 
  8.16  work in progress. 
  8.17     (e) The advisory council may gather information, conduct 
  8.18  research and analysis, and advise the legislature on matters 
  8.19  related to the council's charge. 
  8.20     Sec. 11.  Laws 1989, chapter 279, section 7, subdivision 6, 
  8.21  is amended to read: 
  8.22     Subd. 6.  [TERMINATION.] The advisory council ceases to 
  8.23  exist when the actions required by section 3, subdivision 3, and 
  8.24  section 4 subdivision 2 are completed. 
  8.25     Sec. 12.  [DESIGN AND CONSTRUCTION OF TRANSITWAY.] 
  8.26     Subdivision 1.  [TRANSITWAY PROJECT DESIGN.] The 
  8.27  commissioner of transportation, affected government units, the 
  8.28  metropolitan council, and the metropolitan airports commission, 
  8.29  shall cooperate in the development of a project design for a 
  8.30  limited-access transitway along the right-of-way of legislative 
  8.31  route No. 116, marked trunk highway No. 55, within the city of 
  8.32  Minneapolis, between a designated point in the city of 
  8.33  Minneapolis and the Minneapolis-St. Paul International Airport.  
  8.34  The project design must: 
  8.35     (1) provide for exclusive lanes or an exclusive grade for 
  8.36  transit vehicles and recommend other feasible means to 
  9.1   facilitate rapid movement of transit vehicles; 
  9.2      (2) include a transit service plan which must: 
  9.3      (i) address the need to maximize transit service in both 
  9.4   directions between a designated point in the city of Minneapolis 
  9.5   and Minneapolis-St. Paul International Airport; 
  9.6      (ii) ensure a level of service which will provide adequate 
  9.7   access to the airport for transit and airport users; and 
  9.8      (iii) ensure a level of service which will provide adequate 
  9.9   access to employment centers along I-494; 
  9.10     (3) designate a route to connect the transitway to the Mall 
  9.11  of America; 
  9.12     (4) provide park-and-ride lots or other off-street parking 
  9.13  facilities to serve transit users; 
  9.14     (5) specify means to minimize adverse consequences to the 
  9.15  environment, including, but not limited to, the use of 
  9.16  alternate-fueled transit vehicles; 
  9.17     (6) recommend future routes to connect the transitway to 
  9.18  the University of Minnesota, Westgate Industrial Park, and 
  9.19  downtown St. Paul; 
  9.20     (7) minimize the need for reconstruction of the highway in 
  9.21  the event of future conversion to a light-rail transit facility; 
  9.22  and 
  9.23     (8) discuss means by which this project will promote the 
  9.24  economic development of the affected areas. 
  9.25     Subd. 2.  [PRELIMINARY ENGINEERING PLANS.] Upon completion 
  9.26  of the transitway project design, the commissioner of 
  9.27  transportation shall prepare preliminary engineering plans for 
  9.28  the transitway. 
  9.29     Subd. 3.  [FUNDING FOR PROJECT.] Upon completion of the 
  9.30  preliminary engineering plans, the metropolitan council and 
  9.31  commissioner of transportation shall prepare a joint application 
  9.32  for federal assistance for the construction of the transitway.  
  9.33  The council and commissioner of transportation shall investigate 
  9.34  available sources of state funding.  The commissioner of 
  9.35  transportation shall determine an amount to be provided for 
  9.36  construction of the transitway by each county in which a 
 10.1   transitway is located.  An affected county may utilize its 
 10.2   county's regional railroad authority funds, including money in 
 10.3   capital accounts, to fund its share of the cost of transitway 
 10.4   construction.  A regional railroad authority may transfer any 
 10.5   available money of the authority including money in capital 
 10.6   accounts, up to the amount the commissioner of transportation 
 10.7   determines to be the county's share, to its county to be 
 10.8   expended for the construction of a limited-access transitway. 
 10.9      Subd. 4.  [CONSTRUCTION.] Construction of the transitway 
 10.10  shall begin when funds are available from any source. 
 10.11     Sec. 13.  [TRANSFER OF PROPERTY.] 
 10.12     The metropolitan council may purchase from the metropolitan 
 10.13  sports facilities commission the met center, as defined in 
 10.14  Minnesota Statutes, section 473.551, subdivision 12, at a price 
 10.15  which the parties agree represents the fair market value of the 
 10.16  property. 
 10.17     Sec. 14.  [APPROPRIATION.] 
 10.18     $....... is appropriated from the trunk highway fund to the 
 10.19  commissioner of transportation to administer section 12, 
 10.20  subdivisions 1, 2, and 3.  This appropriation is available until 
 10.21  expended.  
 10.22     Sec. 15.  [REPEALER.] 
 10.23     Minnesota Statutes 1994, sections 473.155, subdivisions 2, 
 10.24  3, and 4; 473.1551; 473.616, subdivisions 2, 3, and 4; 473.636; 
 10.25  and 473.637, are repealed. 
 10.26     Sec. 16.  [EFFECTIVE DATE.] 
 10.27     This act is effective the day following final enactment.